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Accused Teen Killer Undergoes Brain Scan

New Prosecutor Assigned To Case

POSTED: 3:44 pm EST December 16, 2004
UPDATED: 4:19 pm EST December 16, 2004

Michael Hernandez, the teen accused of slashing a classmate in a middle school's restroom, was taken to Miami Children's Hospital Thursday to undergo a brain scan.

A judge ruled last week the 14-year-old is competent to stand trial. However, his attorneys want to know if he has a brain tumor.

Hernandez had a PET scan and other tests done to see if he has any brain abnormalities that could have affected his behavior.

Hernandez's lawyers claim the tests are needed because Hernandez, a bright student, scored poorly on certain parts of psychological exams.

"He wasn't able to see abnormal things in pictures, such as airplanes with engines upside down or planes with engines backwards," attorney Richard Rosenbaum said during the competency hearing.

The test results will not be in for several weeks.

Hernandez was charged with first-degree murder in the Feb. 3 death of Jamie Gough, 14, at Southwood Middle School.

Gough had more than 40 stab and slash wounds to his neck, face and hands, and Hernandez confessed to the killing after he was pulled from class that day wearing blood-speckled clothes.

A journal found in Hernandez's backpack outlined plans to kill Gough and another boy.

Two experts hired by defense attorneys told a judge in July that Hernandez has a severe mental disorder and lacks a rational understanding of the charges against him. However, two court-appointed experts earlier had said Hernandez was capable to stand trial.

Rosenbaum has said he would pursue an insanity defense.

The trial date has been set for May 9. The teenager faces an automatic life prison sentence if a jury convicts him of first-degree murder.

Meanwhile, a new prosecutor has been assigned to the case. Sally Weintraub is replacing Assistant State Attorney Gail Levine as lead prosecutor. Levine stepped aside citing workload issues.

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